On The Voluntary Judgment Standard Of Pretrial Confession And Punishment

The voluntary nature of admission of punishment is the decisive factor of the legitimacy of the application of admission of punishment of leniency in our country,which directly relates to the legislative value and judicial efficiency of the application of admission of punishment.Therefore,we must make clear the connotation of voluntary and accurate judgment standards.The making of guilty plea should be a choice process from understanding the characteristics of the system to reasonable evaluation and then to free choice.Therefore,the voluntary nature of confession should contain three parts:understanding,reason and freedom.The voluntary judgment standard of admission of guilt and punishment is a comprehensive standard,including both subjective and objective standards.To protect the defendant pleaded guilty to forfeit their voluntary and clearly define the defendant pleaded guilty to forfeit their voluntary standard of judgment,it is necessary to perfect the system of protecting defendants’ litigation rights,such as increasing duty lawyer in the forfeit their system of witness,to ensure that the defendant pleaded guilty in fully aware of the consequences to forfeit,and ensure that the defendant has the right to go back on our word and other litigation rights.In order to ensure the defendant in the voluntary admission of punishment,as well as the implementation of the legal value of admission of punishment system,improve judicial efficiency.